How To Get An Annulment In California: Understanding Nullity Rules | Los Angeles Divorce

Posted by Tim Blankenship on

 

How To Get An Annulment In California: Understanding Nullity Rules

Hi, I’m Tim Blankenship from divorce661.com. Today, I want to clarify some common misconceptions about annulments—also known as nullities—in California. While many people believe that a short marriage automatically qualifies for annulment, the reality is quite different here in California. If you’ve been recently married and are considering whether an annulment is possible, this guide will walk you through the facts and explain the specific grounds under which a marriage can be legally voided.

Annulment vs. Divorce: What’s the Difference?

First off, it’s important to understand that an annulment legally declares that a marriage never existed, whereas a divorce ends a valid marriage. Many people think that if their marriage was short—maybe just a few days or weeks—they can simply annul it. This is a common misconception fueled by TV shows and movies like The Hangover, where quick Vegas weddings are often portrayed as easily annulled the next day.

In California, however, the length of the marriage is not a factor for annulment. Whether you’ve been married for four days or four years, time alone does not qualify you for a nullity. If the marriage does not meet the specific legal reasons for annulment, your only option is to file for a divorce.

Six Legal Grounds for Annulment in California

So, what exactly are the reasons you can ask a court to nullify a marriage in California? There are six specific grounds, and they all require court approval. Unlike divorce cases based on irreconcilable differences, annulments require you to prove your case in a hearing. Here’s a breakdown of the six grounds:

  1. Age at Time of MarriageIf a party was under 18 years old at the time of the marriage or domestic partnership registration and did not have proper legal consent, the marriage can be annulled. Essentially, this means the person was not legally capable of entering into a marriage contract.
  2. Prior Existing MarriageThis is by far the most common and the only ground I’ve personally seen successfully used for annulments. If one party was already married and had not finalized their divorce before entering into the new marriage, the second marriage can be voided due to the preexisting marriage.
  3. Unsound MindIf one party was mentally incapacitated or unable to understand the nature and obligations of marriage at the time of the union, the marriage may be annulled. This might apply in cases such as intoxication or severe mental illness, but proving this in court is challenging.
  4. FraudIf one party was deceived into marriage by fraud that directly affected their decision to marry, the marriage can be annulled. Examples include marrying solely for immigration benefits (like obtaining a green card) or misrepresentations about the ability to have children.
  5. ForceIf a party was forced or coerced into marriage without their free and voluntary consent, the marriage can be annulled.
  6. Physical IncapacityThis old-fashioned ground refers to a situation where one spouse is physically incapable of consummating the marriage. Though it may sound outdated, it remains on the books as a valid reason for annulment.

Why Time Doesn’t Matter for Annulments in California

One of the biggest surprises for many people is that the short duration of a marriage is not a valid reason for annulment. I often get calls from individuals who have been married only a few days or weeks and want their marriage nullified because they feel it was a mistake. Unfortunately, California law does not consider a short marriage a sufficient ground for annulment.

For example, just the other day, a young woman called me after being married for four days, hoping to have her marriage nullified. I had to explain that despite the short time frame, she would have to proceed with a divorce instead. Sometimes, you just have to chalk it up to a life lesson.

What to Expect When Seeking an Annulment

Annulments are not automatic or simple. Because each of the six grounds must be proven in court, you’ll need to prepare for a hearing where a judge will decide whether your case qualifies for nullification. If the court finds that your grounds don’t meet the legal criteria, your annulment petition may be dismissed, and your case will proceed as a divorce instead.

Final Thoughts

If you’re considering annulment in California, understand that it’s a legal process with strict requirements. The shortness of your marriage alone won’t qualify you for a nullity. Instead, you must have one of the six specific grounds, and be prepared to prove your case in court.

If you find yourself in this situation or need guidance on annulments or divorce anywhere in California, feel free to reach out. At divorce661.com, we handle thousands of cases each year and are here to help you navigate the process.

Contact us at 661-281-0266 to discuss your case and get the support you need.

 

Nullity and Annulment of Marriage or Divorce: What You Need to Know | Los Angeles Divorce

Posted by Tim Blankenship on

 

Nullity and Annulment of Marriage or Divorce: What You Need to Know

When it comes to ending a marriage, many people hear terms like “divorce” and “annulment” tossed around, but the distinctions between them can be confusing. I’m Tim Blankenship with Divorce661, and I want to clear up some common misconceptions about nullity and annulment of marriage, especially when it comes to the reasons you might qualify for one.

Understanding Nullity and Annulment

Nullity, or annulment, is often thought of as a way to erase a marriage as if it never existed. However, this is not as simple as it sounds. Many believe that if a marriage is very short—say, lasting only a few hours, days, or even a few months—they can easily get an annulment instead of a divorce. This is a widespread misconception.

In reality, courts, including those in California, provide specific legal grounds that must be met to qualify for nullity. The length of the marriage is not one of those grounds. Just because a marriage is short does not mean it can be annulled.

The Legal Grounds for Nullity

California law outlines at least eight reasons that can justify an annulment, but simply having a brief marriage isn’t one of them. These reasons generally involve issues such as fraud, incapacity, or coercion at the time of marriage, among others.

If you want to pursue a nullity, you must prove one of these legal grounds to the court. Without valid cause, the court will not grant an annulment.

Example: The Kardashian Case

A recent high-profile example highlights this principle well. A member of the Kardashian family sought to nullify a marriage that lasted only three or four months. The argument was that the marriage was primarily for fame, linked to their TV show. However, the court denied the nullity, requiring the parties to go through a regular divorce instead.

This case clearly demonstrates that a short-term marriage alone does not qualify for annulment. Courts will carefully review the reasons behind the marriage and whether any legal grounds for nullity exist.

What Happens If You Don’t Qualify for Nullity?

If the court finds you do not meet any of the legal reasons for annulment, your case will typically be converted into a divorce proceeding. This means you will have to go through the traditional divorce process, which can include dividing assets, custody arrangements, and other legal matters.

It’s important to understand that attempting to nullify a marriage without valid grounds may only delay the inevitable divorce process.

Key Takeaways

  • Annulment or nullity is not simply about how long you have been married.
  • The court requires specific legal grounds to grant a nullity.
  • Short marriages, even those lasting just days or months, generally do not qualify for annulment.
  • If nullity is denied, the marriage will be ended through divorce proceedings.
  • High-profile cases, such as the Kardashian marriage nullity attempt, reinforce these legal standards.

Final Thoughts

If you’re considering ending a short-term marriage and are wondering whether annulment is an option, it’s crucial to understand the legal framework around nullity. Don’t rely on misconceptions or what you see on TV. Instead, focus on the legal grounds that courts require.

For anyone facing this situation, consulting with a knowledgeable divorce attorney can help clarify your options and guide you through the process, whether that’s annulment or divorce.

Remember, the length of your marriage alone is not enough to qualify for an annulment. It’s the circumstances and legal reasons that matter.

This information comes from my experience as a divorce attorney and my ongoing work helping clients navigate their family law matters. For more detailed guidance, visit Divorce661.com.

 

Santa Clarita Divorce Petition FL-100 Guide: Completing Part 2 of the Form | Los Angeles Divorce

Posted by Tim Blankenship on

 

Santa Clarita Divorce Petition FL-100 Guide: Completing Part 2 of the Form

Filing for divorce or legal separation can feel overwhelming, especially when faced with complex court forms. To help simplify the process, this guide breaks down Part 2 of the California Judicial Council’s Form FL-100 — the Petition for Dissolution, Legal Separation, or Nullity. This article is inspired by Tim Blankenship of Divorce661, a licensed and bonded legal document preparation expert specializing in divorce, who walks you through this essential paperwork step-by-step.

Understanding Form FL-100: Petition for Dissolution, Legal Separation, or Nullity

Form FL-100 is a two-page document used to initiate divorce, legal separation, or annulment proceedings in California. It can include multiple attachments depending on your case. The form begins with a caption section at the top of the first page, which requires specific details to identify your case.

Filling Out the Caption

The caption is the set of boxes at the top of the first page where you provide basic information about the case. This includes your name, your spouse’s name, and the court details. One important note: you will not have a case number until you officially file the petition with the court. When you file, the court clerk assigns a case number and stamps it on all documents.

Selecting the Type of Petition

At the bottom of the caption, you will see a box titled “Title of Document.” Here, you must indicate whether you are filing for:

  • Divorce (Dissolution): Check the first box if you want a divorce.
  • Legal Separation: Check the second box if you want to legally separate but not divorce.
  • Annulment: Check the third box if you want to annul your marriage.

Residency Requirements for Divorce in California

To file for divorce in California, either you or your spouse must meet certain residency requirements:

  • You or your spouse must have lived in California for at least the last 6 months.
  • You must file in the county where either you or your spouse has lived for the last 3 months.

If you meet these requirements, check the first box in item 1. If your spouse meets them, check the second box. If both of you meet the residency requirements, you can check both boxes. If neither of you meets these criteria, you do not qualify for a divorce but might be eligible for legal separation instead.

Tip: If you do not yet meet the residency requirements for divorce, you can file for legal separation now and later amend your petition to request a divorce once you qualify.

Important Dates and Marriage Information

Items 2A and 2B in the form ask for critical dates regarding your marriage:

  • Item 2A: Enter the date you were married.
  • Item 2B: Enter the date you and your spouse separated.

Additionally, you need to specify the length of your marriage. These dates are not just formalities—they play a key role in the court’s decisions about spousal support and how property will be divided.

Summary and Next Steps

Completing Form FL-100 accurately is the first step in your divorce or legal separation journey. In this part, you have learned how to fill out the caption, select the type of petition, confirm residency requirements, and provide important marriage details that influence court rulings.

If you found this guidance helpful, consider reviewing Part 1 if you missed it or moving on to Part 3 for further instructions on completing Form FL-100. For more personalized assistance, you can reach out to Tim Blankenship and his team at Divorce661, who specialize in divorce document preparation and can help ensure your paperwork is filed correctly.

Remember, the right preparation makes a complex process much more manageable. Take it step-by-step, and you’ll be on your way to resolving your case efficiently.